People v. Lemons CA3

FACTS AND HISTORY OF THE PROCEEDINGS

An amended information charged defendant with committing a lewd and lascivious act upon M., a child under the age of 14 (counts one & two) (Pen. Code, § 288, subd. (a); statutory section citations that follow are found in the Penal Code unless otherwise stated); committing a lewd and lascivious act upon S., a child under the age of 14 (count three) (§ 288, subd. (a)); committing a forcible lewd and lascivious act upon A., a child under the age of 14 (counts four & five) (§ 288, subd. (b)(1)); committing a forcible lewd and lascivious act upon B., a child under the age of 14 (counts six, eight & nine) (§ 288, subd. (a)); and committing a forcible lewd and lascivious act upon B., a child under the age of 14 (count seven) (§ 288, subd. (b)(1)). The information also alleged defendant committed sexual offenses against multiple victims and had sustained five prior prison terms. (§§ 667.61, subd. (e)(4), 667.5, subd. (b).) The court granted defendant’s request to bifurcate the prior conviction allegations. A jury trial followed. The following evidence was introduced at trial.

M. and S.

In 2014, M. and S. resided in Sacramento with their parents.…